Planning and Zoning Commission Meeting

Meeting Agenda

PLANNING & ZONING COMMISSION MEETING
Planning and Zoning Commission Public Hearing Speakers Form click here

Held at the Donald “Red” Loehr Police and Court Center
300 PARK DRIVE
June 1, 2009 7:00 P.M.

AGENDA  

 1. Call to Order

 2. Z 09-3 and Z 09-4 – Zoning Ordinance Change – C-1 and NCD Zoning
  Clayton & Henry Development, Southwest Corner of Clayton & Henry Rds. (14448 and 14464 Clayton Rd, and 775, 781, 785, and 793 Henry Ave), Ballwin MO  63011
  Petitioner:  Mr. Dan Thies, Clayton Henry LLC and WB Properties LLC, 16650 Chesterfield Grove Rd, Suite 100, Chesterfield MO  63005 

New documents
Site Sections click here
CVS Elevation click here

May 18th Updates to orginial documents
Site Plan click here
Grading Plan click here
Utility Plan click here
Drainage Area Plan click here
Traffic Impact Study click here (Large file 7MB)
TIS Technicial Memo click here

Orginial documents
Clayton and Henry Site Plan click here
Clayton and Henry Elevation click here
CVS Elevation click here
ZO9-3 Review Report click here 
ZO9-4 Review Report click here
Proposed Approved Uses click here  
Petitioners review report response ZO9-3 click here
Area Exhibit response ZO9-3 click here
Petitioners review report response ZO9-4 click here 

  3. Adjournment 

Meeting Minutes

RECORD OF PROCEEDINGS
MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING
CITY OF BALLWIN – 300 PARK DRIVE
June 1, 2009

The meeting of the Planning and Zoning Commission was called to order by Chairman Michael Wind at 7:00 p.m.  Members in attendance were:
 
PRESENT                                                        ABSENT
Chairman Michael Wind                 Commissioner Pat Apel
Secretary Frank Karr                        Commissioner Pat Buehrle
Commissioner Sue Heath 
Commissioner Ron Kadane 
Commissioner John Schwent 
Alderman Jimmy Terbrock 
Mayor Tim Pogue  
Assistant City Administrator Tom Aiken 
City Engineer Gary Kramer 
City Attorney Robert Jones 

Approval of Minutes

A motion was made by Secretary Karr and seconded by Commissioner Heath to approve the minutes of the May 4, 2009 meeting of the Planning & Zoning Commission as submitted.  The motion received unanimous approval from the Commission members present.

SUB 09-2 – Subdivision Petition (Consolidation)
 Ballwin Elementary Consolidation Sub., 392, 396, & 400 Jefferson Ave, Ballwin MO  63021
 Petitioner:  Mr. Dennis Griffith, Rockwood School District, 111 E. North St, Eureka MO 63025

Mr. Steve Smith, of Glenn Construction Company, agent for the Rockwood School District, addressed the Commission requesting approval for the subdivision consolidation.  Mr. Smith said this is a matter of simple bookkeeping for the District.  He said three pieces of property make up the Ballwin Elementary School site.  When Olde Towne Plaza was built, it caused the rerouting of Jefferson Ave.  The Rockwood School District picked up two additional properties, one from the City of Ballwin and one from the devel-oper, that adjoined the property.  The District would now like to consolidate these three properties into one for ease in record keeping. 

Commissioner Kadane asked if there were plans for additions to the school.  Mr. Smith said currently there are no planned additions or changes to Ballwin Elementary.  Chairman Wind asked if this property includes the old schoolhouse.  Mr. Smith said it does not.  Planning Director Aiken confirmed that the property occupied by the old schoolhouse belongs to the City of Ballwin.

Mayor Pogue asked Planning Director Aiken if there were any conflicts with rights-of way.  Mr. Aiken said this is a simple housekeeping action.

Chairman Wind opened the public hearing and asked if there were any proponents wishing to speak in favor of Petition SUB 09-2.  There were none.  Chairman Wind asked if there were any opponents wish-ing to speak in opposition to the petition.  There were none and Chairman Wind closed the public hearing.

Commissioner Heath made a motion to recommend approval of Petition SUB 09-2 to the Board of Al-dermen.  Secretary Karr seconded the motion, which received unanimous approval from the Commission members present.

Z 09-3 and Z 09-4 – Zoning Ordinance Change – C-1 and NCD Zoning
 Clayton & Henry Development, Southwest Corner of Clayton & Henry Rds (14448 and 14464 Clayton Rd, and 775, 781, 785, and 793 Henry Ave.), Ballwin MO  63011
 Petitioner:  Mr. Dan Thies, Clayton Henry LLC and WB Properties LLC, 16650 Chesterfield Grove Rd, Suite 100, Chesterfield MO  63005

Mr. Bill Biermann, of Clayton Henry LLC and WB Properties LLC, presented the revised site plan.

Secretary Karr asked about motor vehicle stacking.  Ms. Julie Nolfo of Crawford, Bunte & Brammeier said the reconfiguration was done to provide a clear definition between the full access drive over to Build-ings B and A.

Commissioner Kadane noted that Building E has been put off to the future, and asked about grading south of the lake.  He said it appears that there will be no grading other than the berm along the west side.  Mr. Biermann said the entire site will be graded per the original site plan.  Mr. Lenny Meers, of Grimes Con-sulting Engineers, addressed the Commission, stating the area will be rough graded to drain primarily to the lake.

Chairman Wind asked if the dumpster enclosure behind Building D could be relocated.  He feels it is too close to the adjoining residential property.  He is concerned about the noise of the trash truck being intru-sive to the neighborhood.  Mr. Biermann said there really is no other place to put the dumpster.  Mr. Bob Brinkmann of Brinkmann Constructors said that even if the dumpster were moved, the noise would not be mitigated. 

Chairman Wind asked about the City’s regulation that curb cuts cannot placed within 500’ of each other.  Planning Director Aiken said that requirement can be waived under the NCD regulations.  City Attorney Jones said the NCD is an overlay that allows variance from the provisions of the underlying district.  In this case that is the C-1 Commercial district. 

Secretary Karr asked about the second entrance along Henry Ave. for the proposed assisted living facility. Will that be a wider drive for service trucks?  Mr. Biermann said this portion of the plan will come back before the Planning & Zoning Commission, so issues of that nature will be resolved at that time.  Mayor Pogue asked if that curb cut already exists.  Mr. Biermann said there is a curb cut in this general area, but it is not in the location shown on the plan.

Chairman Wind asked whether the 65 spaces designated for the CVS pharmacy is a City requirement.  Planning Director Aiken said the C-1 District requirement is 1 parking space per 200 square feet of build-ing space, so at 12,900 square feet, 65 spaces is the standard.  Mr. Wind said he feels that is more than will ever be needed.  Mr. Biermann said that CVS has corporate standards for parking and is not willing to drop below 65 spaces for this location.

Secretary Karr asked if the petitioner will be using pervious pavement.  Mr. Biermann said that impervi-ous pavement will be used.  They considered using pervious pavement, but have had problems with it in other developments.  Secretary Karr asked about the type of fencing that will be used.  Mr. Brinkmann said it will be a wood fence.  Secretary Karr said he is concerned about the long-term maintenance of the fence.  He asked which side of the fence will be the “good” side.  Mr. Brinkman said that a fence design that looks the same on both sides will be used.

Mayor Pogue asked if the petitioner would be amenable to include a provision that the City can require shielding on site luminaries at a later time, should there be complaints from the neighboring subdivisions.  Mr. Brinkmann said there should not be a problem. Mr. Biermann said he understands this is a concern and they will make any modifications that the City deems necessary after operations commence.

Alderman Terbrock commended the petitioner on looking into using the lake for irrigation.  He asked how the well works with regards to water level fluctuation.  Mr. Brinkmann said there will be a float and if water is called for, the pump will just kick on. 

Alderman Terbrock asked if the petitioner had looked into using more native plants that wouldn’t need as much irrigation, so the level of water in the lake wouldn’t be a concern.  Mr. Biermann said that once the well became a viable option, they just decided to use it for irrigation.  Mr. Brinkmann said that if there is too much iron in the water, they will have to disconnect the well. 

Commissioner Kadane asked about on-street parking for the private drive coming from Henry Ave.  Mr. Biermann said they were only able to create the six parking spaces on the western side.  Planning Director Aiken said he recommended more than the petitioner was able to do.

Mr. Biermann said that the petitioner is amenable to the list of uses recommended by the staff review memo.  As a point of clarification, he asked for confirmation that drive-throughs are included on the list.  Planning Director Aiken said that is correct.

Commissioner Kadane asked City Engineer Gary Kramer whether grading permits would be issued before the petitioner has obtained approval from MoDOT.  Mr. Kramer said that historically the City requires MoDOT approval before the City will issue a grading permit.

Alderman Terbrock asked Planning Director Aiken if the City could intercede if the petitioner made the determination that the well/lake water was not working for irrigation.  City Attorney Jones said the Plan-ning & Zoning Commission could make it part of the recommendation that the petitioner must notify the City if they determine that the water supply is inadequate or unacceptable.

Secretary Karr asked if the Mayor’s question regarding outdoor vending machines had been answered.  City Attorney Jones apologized and said he had not checked into that.  Mr. Jones said that he would have the information available for the Board of Aldermen meeting. 

Mr. Biermann and Mr. Brinkmann presented the concept for the artwork to be used at the corner of Clay-ton Rd. and Henry Ave.  Using a John Pils print that is a collage of buildings located in Ballwin, the peti-tioner envisions a three dimensional cut-out piece of artwork.  Mr. Brinkmann said that the petitioner would allow the City to use the artwork at other gateway locations as well.   

Chairman Wind asked about blank walls on the CVS building.  Mr. Biermann said that CVS has corporate standards for the building, as they have for parking.  He said they tried to work with CVS to add architec-tural elements such as arches.  Mr. Wind said that one elevation drawing still looks like a big blank wall.  Mayor Pogue suggested the petitioner consider placing faux windows along that wall.  Chairman Wind said that if there were room, the petitioner might place additional shrubs along the wall to break it up.  Mr. Brinkmann said that in lieu of the sidewalk on that side of the building, the petitioner could add 3’-5’ of green space and plant bamboo, which will grow quickly and is drought resistant.   Chairman Wind asked if removing that sidewalk would be an issue. Planning Director Aiken said there is a roadway on that side of the building, and there are no entrances to the building there, so a sidewalk is ineffective.

Secretary Karr asked if the petitioner is any closer to coming to an agreement with regards to the assisted living facility.  Mr. Biermann said they have a signed letter of intent and are in contract negotiations.  It will probably be 90 days before drawings will be available.  Secretary Karr asked about the timetable for building the primary center.  Mr. Biermann said they would like to get started in September.  Commis-sioner Schwent asked about the timetable for completion.  Mr. Brinkmann said approximately nine months.

Commissioner Schwent disclosed that his cousin is part owner of Brinkmann Constructors, and asked City Attorney Jones if he should recuse himself from voting on this petition.  City Attorney Jones said that unless other members of the Planning & Zoning Commission feel that it is improper for Commis-sioner Schwent to vote under the circumstances, Mr. Schwent should consider whether it would affect his ability to impartially make a recommendation.  If the relationship would not affect his vote, he is welcome to participate.  Mr. Schwent said that he can be completely impartial, and no Commission members raised an objection.  Chairman Wind asked Commissioner Schwent if he has any financial interest in Brinkmann Constructors.  Mr. Schwent said he does not.

Commissioner Kadane made a motion to recommend approval of Z 09-3 to the Board of Aldermen.  Commissioner Heath seconded the motion, which received unanimous approval from the Commission members present.

Commissioner Heath made a motion to recommend approval of Z 09-4 to the Board of Aldermen, pro-vided the petitioner comply with the petition review memo dated 5/18/09, with the additional provisions of including drive-through facilities as an allowed use, the construction of a wood fence, eliminating six parking spaces from the on-street parking requirement, area E to be graded toward the lake, look into moving the trash enclosure from building D toward building C, improving the western façade of building A by removing the sidewalk and adding landscaping and architectural improvements, and asking the peti-tioner to go back to CVS and try to reduce the number of parking spaces for that building.  Secretary Karr seconded the motion, which received unanimous approval from the Commission members present.

SUB 09-1 – Subdivision Petition
 Clayton & Henry Development, Southwest Corner of Clayton & Henry Rds (14448 and 14464 Clayton Rd, and 775, 781, 785, and 793 Henry Ave.), Ballwin MO  63011
 Petitioner:  Mr. Dan Thies, Clayton Henry LLC and WB Properties LLC, 16650 Chesterfield Grove Rd, Suite 100, Chesterfield MO  63005

Mr. Bill Biermann addressed the Commission, requesting approval to subdivide the property into three different lots:  Lot 1 will be the CVS portion, Lot 2 will be the remainder of the retail portion of the site, and Lot 3 would encompass the assisted living facility.  In addition, the former Henry Ave. right-of-way running through the middle of the property will be vacated.  This is a requirement of the NCD district.  The petitioner will retain ownership of this roadway and will maintain it.

Commissioner Kadane asked about an easement for placement of the artwork at Clayton and Henry, as it will be placed on private property and not in the right-of-way.  The artwork will be maintained by the petitioner and an easement will not be needed.

Commissioner Kadane asked why a cross-access easement is needed.  Planning Director Aiken said it is an ordinance requirement. This guarantees that any future development on the adjoining parcel can inter-connect with this development and reduce the need for curb cuts on Henry Ave.

Commissioner Heath asked if the petitioner will relocate the utility lines underground.  Mr. Biermann said the petitioner is currently working on that. 

Commissioner Kadane asked if the petitioner will complete the curb and gutter on Henry Ave. at the be-ginning of construction.  Mr. Biermann said that all the site work, including the Henry Ave. improve-ments, will be completed as a part of the commercial site improvements.

Chairman Wind declared the public hearing open and asked if there were any proponents wishing to speak in favor of Petitions SUB 09-1.  There were none. Chairman Wind asked if there were any opponents to speak against the petition.  He reminded those speaking to direct their comments to this petition only.

Ed Zumwinkle, 398 Kingridge Drive.  Opposed to any development on this parcel.

Edward Dillon, 14726 Mill Spring Drive, Chesterfield MO.  Asked for clarification of the next step of this process.  Chairman Wind explained that the Board of Aldermen will discuss this matter at the June 22, 2009 meeting.  There will be no public hearing; however, citizen comments will be heard prior to the petition.

Tom Cini, 14605 Amberleigh Hill Ct. Chesterfield MO.  Concerned about the proposed residential development and the left turn into the property.  He believes that traffic will back up.

There were no other opponents, and Chairman Wind declared the public hearing closed.

Commissioner Heath made a motion to recommend approval of SUB 09-1 to the Board of Aldermen, fol-lowing the recommendations of the petition review report.  Commissioner Kadane seconded the motion, which received unanimous approval from the Commission members present.

Election of Officers

Planning Director Aiken recommended tabling this item until such time that the Commission is fully ap-pointed.

Short-Term Loan Institutions

Chairman Wind said that he attended a planning conference where limiting the number of these institu-tions was suggested.  City Attorney Jones said that the Planning & Zoning Commission can make a rec-ommendation that the Board of Aldermen consider adopting an ordinance that will limit the number of short-term loan institutions or place additional restrictions on such applications.  He said the current zon-ing ordinance places them on a par with other financial institutions regulated by Division of Finance.

After discussion, it was decided that the regulations in place are sufficient.

Business Licenses Issued / Summary of Items Sent to the Board of Aldermen

There were no changes so this report was not distributed.

Adjournment

Commissioner Kadane commended Planning Director Aiken on his efforts in preparing the petition re-view reports for the Schnucks and Clayton/Henry proposals.  Mr. Kadane said these issues were complex and the reports were very thorough and well done.  Chairman Wind agreed, saying without Mr. Aiken’s reports, the Planning & Zoning Commission would not be as effective.

A motion was made by Commissioner Kadane and seconded by Commissioner Heath to adjourn the meeting.  The motion received unanimous approval, and the meeting was adjourned at 8:50 p.m.

 Michael Wind, Chairman
 Planning & Zoning Commission